The Law Today

Chilean Regulations on drone operation or remotely piloted aircraft

06 Sep 2018

Introduction

The General Civil Aviation Board (DGAC) regulates aviation in Chile and therefore the operation of drones or remotely piloted aircraft (RPA).

RPAs are regulated in Aviation Rule (DAN) 91 issued September 2, 2015 (which sets down the Rules of the Air for unpopulated areas) and DAN 151 issued February 10, 2017 (the second edition on the regulation of operation in matters of public interest conducted over populated areas), hereinafter the “Rules.”

Public Interest

The DGAC must decide what public interest means when these aircraft are operated in populated areas. However, matters of public interest are capturing images or important public events to report them in the media. Matters of public interest are also supporting activities in disasters or emergencies, whether natural or man-caused, and the legal duties of any Government agency.

The Rules

The following are some of the Rules on operating RPAs:

– For operation in populated areas:

· the RPA must be registered with the DGAC prior to operation and the corresponding registration card must have been issued.

· the individual must hold an RPA pilot’s license.

· each RPA operation must be previously authorized by the DGAC. Authorization must be requested by providing the information indicated in the preceding points as well as the copy of an insurance policy required by the Civil Aviation Authority or a notarized document stating the operator’s agreement to assume liability for any damages to third parties.

– The RPA does not need to be registered for operation in unpopulated areas nor is any RPA pilot’s license required, but DGAC authorization is required prior to any flight.

– RPAs are allowed, exceptionally, to operate in populated areas without DGAC authorization if they have been manufactured of expanded polyethylene or the equivalent, their weight does not exceed 750 grams, they are used privately or for recreation, and are not flown more than 50 meters above the highest obstacle or building in private neighborhoods.  The RPA operator will be liable for any damage to third parties caused during operation.

Contact Us

Please contact Jorge Tisné at jtisne@jdf.cl should you require further information on this subject.

JDF